Applying for an anti-circumvention inquiry

Exporters and importers sometimes use circumvention as a trade strategy to avoid paying dumping or countervailing duties. You can apply for an anti-circumvention inquiry if you are part of the Australian industry producing like goods to those covered by the measures.

This guideline and application form are also relevant if you are seeking an inquiry into the slight modification of goods. In deciding whether a good has been slightly modified, the Anti-Dumping Commission will consider the following types of factors:

each good’s general physical characteristics

each good’s end use

the interchangeability of each good

differences in the processes used to produce each good

differences in the cost to produce each good

the cost of modification

customer preferences and expectations relating to each good

the way in which each good is marketed

channels of trade and distribution for each good

patterns of trade for each good

changes in the pricing of each good

changes in the export volumes for each good

tariff classifications and statistical codes for each good

Compliance with anti-dumping measures

The Australian Border Force (ABF) is responsible for collecting and enforcing anti-dumping measures.

Protocol for collaborative working arrangements between the Anti-Dumping Commission and the Department of Home Affairs

The Commission, Department of Home Affairs, including the ABF, have agreed to enhance the collaborative working arrangements between them to ensure there is an effective whole-of-government approach to monitoring potential non-compliance and circumvention of anti-dumping measures.

Principles

The agencies will work together to monitor trade flows, assess the effectiveness of measures, and identify possible instances of non-compliance and circumvention of measures.

The agencies will share information about potential instances of non-compliance and circumvention, including through Commission referrals of information about potential non-compliance matters to HA.

The agencies will work together to identify opportunities to improve importers’ voluntary compliance with measures.

The agencies will participate in training opportunities (including exploring new data analytic techniques) to develop greater capability and in-house expertise in relation to monitoring compliance and circumvention.

As required, both agencies will contribute knowledge and expertise to support investigations, compliance activities and anti-circumvention inquiries (as relevant).

Further information about the ABF’s approach to compliance is available on its website.

The department acknowledges the traditional owners of the country throughout Australia and their continuing connection to land, sea and community. We pay our respect to them and their cultures and to the elders past and present.